Library and Information Association of New Zealand Aotearoa
Te Rau Herenga O Aotearoa

Copyright Extension

Readings on the extension of copyright and its possible effects

Copyright is a complex issue and we’re very aware that the numerous resources and perspectives available on the TPP negotiations can be daunting. Below is a list of resources you might find helpful in determining your own opinion on the proposed amendments, the impacts it will have on you and your organisation, and possible remedies you might think are appropriate.

  Author Title Publication Notes
1 Khanna, D Guarding against abuse: restoring constitutional copyright R Street Policy Study, No.20 (April 2014) Widest range of researched legal history and economic arguments for a shorter copyright period. Multiple arguments and sources. Easy to read.
2 Frankel, S Towards a sound New Zealand intellectual property policy Victoria University of Wellilngton Law Review. p. 47-51 Observes NZ copyright and IP legislation has been developed without due balance of interest considerations. Makes suggestions about principles that should apply.

 

3 Malcolm, J A few global cultural treasures we will lose for 20 years under the TPP Electronic Frontier Foundation (2015 February 10) Electronic Frontier Foundation.  In footnote, suggests negotiating solution. Includes a cultural example of a  NZ item affected now by a 20 year extension of copyright.
4 Boyle, J The second enclosure movement and the construction of the public domain Durham, NC: Duke University  Law School. Also in Law and Contemporary Problems, 66:33-74 (2003 Winter/Spring) Points out: “information products are often made up of fragments of other information products; your information output is someone else’s information input…. inputs may be snippets of code, discoveries, prior research, images, genres of work, cultural references, or databases of single nucleotide polymorphisms — each is raw material for future innovation. Every potential increase of protection, however, also raises the cost of, or reduces access to, the raw material from which you might have built those products.
5 Knopf, H Just say no to term extension: why more is less Howard Knopf Presentation at TPP Experts Briefing in Ottawa, July 9 2014. Ottawa, Canada Illustrates the number of steps taken by copyright owners to change the law as technology evolves and copyright terms run out – US/ Canadian user perspective.
6 Jaszi, Pete, Carroll, Michael, Flynn, Sean Public statement on the U.S. proposal for a limitations and exceptions clause in the Trans-Pacific Partnership Washington: American University, Washington College of Law (2012 August) Legal theoretical arguments re international law. Notes the three-step variable interpretation problem
7 Cox, C 29 Organizations and More than 70 Individuals Sign Letter Opposing Life Plus Seventy Year Copyright Term in TPP Knowledge Economy International. (2013 December 13) 29 organisations and more than 70 individuals signed on to the final letter opposing copyright terms of life plus seventy years in the Trans-Pacific Partnership Agreement (TPP).
8 Association  for  Progressive  Communications et al Letter  to ministers and lawmakers  of  TPP negotiating countries Open Letter from over 30 organisations to countries participating in TPPA negotiations. Sample letter to ministers and lawmakers of  TPP  negotiating countries. Contains information sheet debunking several common arguments in favours of copyright term extension; table for interpretation of US copyright terms, illustrating difficulties of  compliance for public etc.).
9 Dee, P The Australia-US Free Trade Agreement: An Assessment. Pacific Economic Papers, no.345). Australia-Japan Research Centre, Canberra: Asia Pacific School of Economics & Government, Australian National University.  ISSN 0 728 8409; ISBN 0 86413 299 9 (2005) Researcher sought by the Australian Productivity Commission  to comment on effects of Australia-US Free trade agreement including IP and the issue of extended copyright. Indicates costs greater than gains
10 Pallante, M The next great Copyright Act: 26th Horace S. Manges Lecture. The Columbia Journal of Law and the Arts (36 Colum. J. Law & Arts 3 (2013) Significantly, the US Register of Copyrights has acknowledged that: “the current length of the term – the life of the author plus seventy years in most circumstances – is long and the length has consequences” ( See Boyle, in this respect.)
11 Furness, H Sounds of history could be lost forever, British Library warns. The Telegraph New Zealand has fewer resources than  the British Library, so less well placed to digitize and preserve its collection, should it even be able to, under present law let alone a longer copyright period under the Trans-Pacific Partnership, Trade in Services Agreement,  or other trade or 'integrated economic agreements'.
12 Neuman, S Internet pioneer warns our era could  become the digital dark ages NPR.org Vince Cerf describes the problem we face without implementation of digital deposit as envisaged in our earliest digital strategies, and under present or more extended copyright terms.

 

13 Rossini, C., & Welinder, Y. All Nations Lose with TPP's Expansion of Copyright Terms Electronic Frontiers Foundation Brings out the critical outcome of negotiators' agreeing to extend copyright decades beyond what is required by the internationally agreed Berne Convention or TRIPS agreement: copyright 'maximalists can put in place longer term 'TRIPS-Plus'IP conditions through a powerful business-focused forum where there is no requirement or fair opportunity for public input and transparency. If NZ signs up to longer terms required for TPP signature, we would be obliged to implement them; be unable to maintain the minimum terms currently applied, with all longer-term problems and costs foreseeable for information services. if the TPP draft content is being used as the model for other major areas' proposed integrated economic agreements, as commentators suggest, the chances of our copyright duration reverting to Berne minima, let alone a period economists deem more logical, will be permanently lost.

 

 

 

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